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HomeMy WebLinkAbout2014_0324_AgendaPacket James Nishida, Jr. Members: Chair Mary Lou Barela Joel Guy Ed Justus Jan TenBruggencate Patrick Stack Vice Chair Carol Suzawa COUNTY OF KAUAI CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, March 24, 2014 4:00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2AB 4444 Rice Street, Lihu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of February 24, 2014 BUSINESS CRC 2014-03 Discussion and possible decision-making on the findings and recommendations of the Special Committee on the 7 District Proposal to the Charter Review Commission, as presented to the Commission at the February 24, 2014 meeting, pursuant to HRS §92-2.5 CRC 2013 -03 Review of Recommendations in Ramseyer form from legal analyst Curtis Shirarnizu on identifying and proposing non-substantive corrections and revisions to the Kauai County Charter for Articles XX through XXXII (On- going) . CRC 2013- 16 Discussion and possible decision-making on a Charter Amendment Proposal for Article XV changing the name from "Personnel Services" to "Human Resources" a. Confidential opinion dated 2/19/14 from Deputy County Attorney Jennifer Winn offering legal guidance as to the legality and compliance of a proposed charter amendment to Kauai County Charter Article XV CRC 2014-01 Discussion and possible decision-making on a Charter Amendment Proposal for Article XXVII, Section 27.07 to align Charter requirements relating to the format of recall ballot questions with State ballot design requirements a. Confidential opinion dated 2/19/14 from Deputy County Attorney Jennifer Winn offering legal guidance as to the legality and compliance of a proposed charter amendment to Kauai County Charter Section 27.07 An Equal Opportunity Employer ANNOUNCEMENTS Next Meeting: Monday, April 28, 2014 at 4:00 pm in the Mo 'ikeha Building, Meeting Room 2A/B The Office of Boards and Commissions will no longer be providing bottled water to our members starting July Vol, 2013 . This is one of our sustainability goals. Staff will provide cold water using a filtered system (i.e. Brita), so please bring in your water bottle that was provided to you. Mahalo. ADJOURNMENT EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §92-7(a), the Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to HRS §92-4 and shall be limited to those items described in HRS §92-5(a). Discussions held in Executive Session are closed to the public. Cc: Deputy County Attorney Jennifer Winn PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours prior to the meeting indicating: 1 . Your name and if applicable, your position/title and organization you are representing; 2. The agenda item that you are providing comments on; and 3 . Whether you will be testifying in person or submitting written comments only; and 4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and 5. If testimony is based on a proposed Charter amendment, list the applicable Charter provision. While every effort will be made to copy, organize, and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded.. The Charter Commission rules limit the length of time allocated to persons wishing to present verbal testimony to five (5) minutes. A speaker' s time may be limited to three (3) minutes if, in the discretion of the chairperson or presiding member, such limitation is necessary to accommodate all persons desiring to address the Commission at the meeting. Send written testimony to: Charter Review Commission Attn: Barbara Davis Office of Boards and Commissions 4444 Rice Street, Suite 150 Charter Review Commission — March 24, 2014 2 P a g e Lmu` e, HI 96766 E-mail :bdayis(&kauai.gov Phone: (808) 241 -4919 Fax: (808) 241 -5127 SPECIAL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Boards and Commissions Support Clerk at (808) 241 -4919 at least five (5) working days prior to the meeting. ---------------- -- --- — -- -- - ---- — --- Charter Review Commission - March 24, 2014 3 1 P a g e COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: CHARTER REVIEW COMMISSION Meeting Date February 24, 2014 Location Mo 'ikeha Building, Meeting Room 2A/2B Start of Meeting: 4:02 p.m. End of Meeting: 5 :32 p.m. Present Chair James Nishida; Vice-Chair Jan TenBruggencate (in 4:05 p.m.). Members : Joel Guy; Ed Justus; Patrick Stack; Also : Deputy County Attorney Jennifer Winn (out 5 :06 p.m.); Boards & Commissions Office Staff Support Clerk Barbara Davis; Administrative Aide Teresa Tamura and Curtis Shiramizu of Shiramizu Nakamura Loo, Attorneys at Law. Audience Member Bert Lyon Excused Members: Mary Lou Barela; Carol Suzawa Absent SUBJECT DISCUSSION ACTION Call To Order Chair Nishida called the meeting to order at 4:02 p.m. with 4 Commissioners present Approval of Regular Open Session Minutes of January 27, 2014 Mr. Justus moved to approve the minutes as Minutes circulated. Mr. Guy seconded the motion. Motion carried 4:0 Communication CRC 2014-02 Letter dated 1 /27/ 14 from Councilmember Ka awa in Mr. Justus moved to receive the communication. opposition to election districting Mr. Guy seconded the motion. Motion carried 4:0 Business CRC 2013-03 Review of Recommendations in Rams eyer form from legal Mr. TenBruggencate entered the meeting at 4:05 analyst Curtis Shiramizu on identifying and proposing non-substantive p.m, corrections and revisions to the Kauai County Charter for Articles I through XIX On-going) (Deferred to 2/24/14) 9" Section 1 .02. Geographical Limits — Mr. TenBruggencate says the Charter mischaracterizes the geographical limits of Kaua'i, which includes the island of Ka`ula, but does not lie within three miles of Kauai or Niihau. Mr. TenBruggencate felt this was not a substantive change since Ka`ula is P Charter Review Commission Open Session February 24, 2014 Page 2 SUBJECT DISCUSSION ACTION included in the State statute and in the Federal census tract as part of Kauai County. Attorney Winn noted she was hesitant to add affirmative language to the Charter and call it non-substantive, but she will try to look into this before the next meeting. Mr. Shiramizu said he was in agreement with Attorney Winn and was unsure if that was a non-substantive change even though it may be accurate. When suggested maybe it should be a Charter Amendment, Mr. TenBruggencate said you run into the possibility that voters on Kauai turn down what is in the State statute. Section 3 .04 C — Mr. Justus noted that Fifth Circuit Court is capitalized while Section 8.03 does not capitalize supreme court and yet it is capitalized in 9A.02; Section 9A.03 B capitalizes Attorney General indicating inconsistencies. It was agreed they should all be capitalized including Supreme Court. Section 3 .06 — Change Article to article Section 3 . 13 A — Constitution remains capitalized to show the relationship to the State of Hawaii. Section 3 .16 A —LDM (Legislative Drafting Manual) suggests using figures to express percentages. Section 3 .6 C — State remains capitalized Section 14.03 F State and Federal were changed to lower case in regard to their relationship to the word "programs". Section 4.02 F The numerical listings in this section do not indicate true subsections so they do not need to be itemized. Add comma following Charter Review Commission Open Session February 24, 2014 Page 3 SUBJECT DISCUSSION ACTION bonds in third sentence, Section 7.06 B — Line 11 use lower case for office of the mayor;: common practice through the State is to capitalize State Sunshine Law so it remains as written. Section 9A.03 E — Delete comma following before that was inadvertently, added. Section 12.02 — No change required.. Section 14.02, second paragraph — Leave the original commissioners in the text and delete the added suggestion of commission members. Article XV — Since there is an amendment under consideration for Human Resources, should the proposed changes to correct that grammar be reflected in this Article? Attorney Winn said they face the possibility that • the proposed amendment may not pass so the existing Article should reflect only non-substantive changes. Section 17.03 B — Use lower case for state 's and county 's and delete the possessive for both words in the first part of the sentence and apply the same at the end of the section for county 's. Section 19. 13 A — No changes required in highlighted section of the working copy of Charter. Section 19. 15 C (2) — insert of the prior to the word charter in the fourth sentence. Charter Review Commission Open Session February 24, 2014 Page 4 SUBJECT DISCUSSION ACTION Mr. Shiramizzu pointed out there were several commas added to clarify a series of things, which was not reflected in the Commission' s working copy since those omissions were caught at a staff meeting on Friday: Sections 11 .01 C; 11 .05 B; 2.03 A, B, C; 13 .03 A, E; 14.05 C, E. The Board accepted the addition of the commas as well as subsequent recommendations the staff made. Section 15 .03 B — delete the comma following director. Section 17.03 A — Delete the comma following financial status Mr. TenBruggencate moved that the Commission accept the changes made to date and thank Mr. Shiramizu for his work and ask that he continue on. Mr. Justus seconded the motion. Motion carried 5 :0 CRC 2014-03 Overview of the findings and recommendations of the Special Committee on the 7 District Proposal to the Charter Review Commission, pursuant to Section 92-2.5, Hawaii Revised Statues and Rule 6, Rules of the Kauai County Charter Review Commission for discussion and possible decision-making by the Commission as a whole at its March 24, 2014 meeting Attorney Winn stated that before she departs the meeting she wants to remind the Commission of the purpose as stated in Section 92-2. 5 and that deliberation and decision-making cannot occur until the March meeting. Mr. Justus moved to receive the Special Committee' s report as distributed. Mr. Stack seconded the motion. Bert Lyon emailed his research to the Commission, which was not received in time to distribute at the meeting, but was subsequently forwarded to the Commissioners. Mr. Lyon explained the overview by the National League of Cities on how district and at-large elections are held in the county, as a Charter Review Commission Open Session February 24, 2014 Page 5 SUBJECT DISCUSSION ACTION whole. Included in his report were the four different districting proposals Maui was considerin, and a report he created on an Excel spreadsheet using the 2010 census and reflecting populations using various districting models. While not discussing the Committee' s report on districting, Mr. Justus said he did receive a complaint from a community member who did not understand why the Committee held only 3 community meetings since the proposal was for 7 districts; they felt there should have been 7 meetings. Mr. Justus said he initially expressed that concern when it was decided to take the proposal out to the public. He said there was also concern and confusion of how the meetings were operated and because the Committee asked for a show of hands, the public thought people were actually voting. They stated they were told this would also be on the ballot of which there should not have been any such statements made. The public did not know the purpose of the meeting because there was no clear explanation given of how the Commission got to the point of 7 districts. Mr. Justus pointed out that the Committee report did not include the conceptual map of the 7 districts. Mr. Stack responded to the concern of why there were not 7 meetings noting the Committee members are volunteers and the 3 community meetings held were all within driving distance of the constituents of those 7, 3 , or 5 districts; it would have been overkill and a waste of taxpayer money to have held more meetings. It was simply a town meeting to solicit their opinions and testimony on how they feel about districting. At the end of each meeting, Mr. Nishida asked for a straw poll vote, which is not binding on anyone or anything. If people left with questions Mr. Stack said he was sorry, but he did make himself available to the attendees for as long as it took should there have been further questions. Motion carried 5 :0 with Mr. Justus adding thanks. Charter Review Commission Open Session February 24, 2014 Page 6 SUBJECT DISCUSSION ACTION Mr. TenBruggencate wanted the record to reflect thanks to the 3 committee members. CRC 2014-04 2013/2014 Tracking of Proposed Amendments for consideration of placement on the 2014 ballot Mr. Justus questioned the pending legal reviews noted on the tracker to which Ms. Davis said the reviews were received after the agenda was posted and will therefore appear on the March agenda. Mr. TenBruggencate stated that JoAnn Yukimura has a ballot amendment which she is planning to take to the County Council, which will address the issue of whether County board members can represent private interest when they meet before other boards. Mr. TenBruggencate moved to receive the Tracking List. Mr. Justus seconded the motion. Motion carried 5 :0 CRC 2014-05 Overview of the 2014 CRC Timeline for Charter Amendments/Election Calendar Mr. TenBruggencate moved to receive the Timeline with thanks. Mr. Justus seconded the motion. Motion carried 5 :0 Announcements Chair Nishida asked that the agenda be moved around to allow CRC 2014-03 first on the agenda to accommodate the public. Next Meeting: Monday, March 24, 2014 at 4:00 p.m. Adjournment Mr. Justus moved to adjourn the meeting at 5 :32 p.m. Mr. Stack seconded the motion. Motion carried 5 :0 Submitted by: Reviewed and Approved by: Barbara Davis, Support Clerk James Nishida, Chair O Approved as circulated. O Approved with amendments. See minutes of meeting. Feb. 12, 2014 The Special Committee was established by the Charter Review Commission for the purpose of presenting a proposal based on 7 Districts for consideration by the full Commission. Committee Members: Mr, Patrick Stack, Chair Mr. Jimmy Nishida, Member Mr. Joel Guy, Member 1 . Overview of Subcommittee's Findings and Recommendations Three town meetings were held with the intention of soliciting public interest as to the desirability and/or necessity of creating a ballot question which would change the current election procedures of Kauai County Council. The proposal would call for the creation of separate and distinct districts which would select one representative who would be a resident of the particular district, as yet to be identified by an apportionment committee. The three town meetings were convened in Kapa'a on Jan. 9, 2014, Princeville on Jan. 13, 2014 and Waimea on Jan. 16, 2014. Each meeting began at 6:00 PM and lasted; roughly, 90 minutes and was attended by, roughly, 20 people at each meeting. Findings: Our subcommittee listened to testimony from about 15 members of the community at each of the three meetings. We found the sentiment, collectively, to favor some type of districting, but not for aH seven council seats. Almost all of the testifiers wished to retain the right to select some of the candidates as "at large." Recommendations: The subcommittee recommends that the Charter Review Commission discuss, explore and deliberate the following districting proposals: Four at large with three districts with one councilperson elected from each district using the State of Hawaii legislative districts. Three at large with four districts with one councilperson from each district. Two at large with five districts with one councilperson for each district. One at large with three districts with two councilpersons elected from each district. Three districts with three councilpersons elected to each state legislative district which would increase the council to nine members. The subcommittee recommends a discussion on these various proposals at the March (2014) meeting. De ualoi z�s pug p ;3j;ajovjq ;3qj ajiurn ll? lj;Dluw nnau salumput uoiloas poj;Dxoswuw v uT oluT.zaluuz P ;Dulljopun .zo poioosj;Dpun ;Dql i ARTICLE XX CODE OF ETHICS Section 20 . 01 . Standards of Conduct . In order to establish a high standard of integrity and morality in government service , a code of ethics is hereby established . Section 20 . 02 . No officer or employee of the eeunt-y-County shall : A . Solicit , accept , or receive , directly or indirectly , any gift , whether in the form of money , service , loan , travel , entertainment , hospitality , thing , or promise or in any other form , under circumstances in which it can reasonably be inferred that the gift is intended to influence [ ] the officer or employee in the performance of [ h4-& ] the officer ' s or employee ' s official duties or is intended as a reward for any official action on [ mss ] the officer ' s or employee ' s part . B . Disclose information which , by law or practice , is not available to the public and which [ ire ] the officer or employee acquires in the course of [fie ] the officer ' s or employee ' s official duties or use such information for [ h4r& ] the officer ' s or employee ' s personal gain or for the benefit of anyone . C . Acquire financial interest in business enterprises which [ 4ie ] the officer or employee may be directly involved in official action to be taken by [ ] the officer or employee . D . Appear in behalf of private interests before any county board , commission , or agency . E . Use [ ] the officer ' s or employee ' s official position to secure a special benefit , privilege , or exemption for [ nom= ] the officer or employee or others . I F . Use eeunty-County property for other than public activity or purpose . Section 20 . 03 . Contracts . A . The eel-County shall not enter into any contract with an officer or employee , or with a firm in which an officer or employee , ', [ cxs33l has a substantial interest involving services or 44 - ( 11 / 12 ) property of a value in excess of [ $ 1 , 000 . 0G ] $ 1 , 000 unless the contract is made after competitive bidding . B . The eeiciety County shall not enter into a contract with any P erson who , or firm which , is represented [ cas39 ] or assisted personally in the matter by a person who has been an employee of the agency within the preceding one year , and who participated while I n county employment with the subject matter of the contract . C . This section shall not apply to a personal employment contract . Section 20 . 04 . Disclosure . A . The mayor , councilpersons , all department heads and deputies , members of boards and commissions , and the purchasing administrator , and any employee delegated or authorized to act on behalf of the director of finance and the deputy director of finance in their absence shall , within thirty [ ( 30 ) ] days of assuming office , file with the board a list of all real property within the county in which [he ] such person has any right , title or interest , a list of all business firms which contract for county business in which [ he ] such person has any interest , and all their places of employment , including part - time employment , all sources and amounts of income , business ownership , officer and director positions , debts , creditor interests in insolvent businesses and the names of persons represented before government agencies . Amendments to the list , including additions , deletions , or changes in title , interest in property or of employment , shall be made within thirty [ ( 0 ) days of the occurrence of the amendment . The list shall be a matter of public record . ( Amended 2010 ) B . Any elected official , appointed officer , employee , or any member of a board or commission who possesses or acquires such interest as might reasonably tend to create a conflict with [ ham ] such person ' s duties or authority , or who is an owner , officer , executive director , or director of an organization , or whose member of [ hra ] such person ' s immediate family , which includes parents , siblings , spouse , or children , is an owner , officer , executive director , or director of an organization in any matter pending before [ hit ] such person shall make full disclosure of the conflict of interest and shall not participate in said matter . C . Penalties . ( 1 ) Any violation of any of the provisions of this section shall , at the option of the director of finance , render forfeit and 45 - ( 11 / 12 ) void the contract , work , business , sale , or transaction affected . ( 2 ) Any violation of any of the provisions of this section shall constitute cause for fine , suspension , or removal from office or employment . D . The council shall , by ordinance , adopt and may , from time to time , revise and amend such complementary provisions as may be necessary to supplement the code of ethics . E . The mayor , the council , and the board of ethics shall be responsible for the enforcement of provisions of this article . Section 20 . 05 . Board of Ethics . There shall be a board of ethics . A . The board shall consist of seven members . ( Amended 2006 ) B . The board shall annually select a [ a_ n ] chair and a secretary from among its members , and shall adopt rules necessary for the conduct of its meetings . C . The board shall meet at the call of the [ man ] chair or of a majority of its members . A majority of the membership shall constitute a quorum for the conduct of business , and the affirmative vote of at least a majority shall be necessary to take any action . D . It shall be the function of the board : ( 1 ) To initiate , receive , hear , and investigate complaints of violations of the code of ethics and to transmit its findings to the council as to complaints involving county officers , and to the civil service commission as to employees . It may also , on its own , file impeachment proceedings in the circuit court . ( 2 ) To render advisory opinions or interpretations with respect to application of the code on request . All requests for advisory opinions shall be answered within [ far five ( 45 ) ] forty- five days of its filing and failure to submit an advisory opinion within said [ few five ( 48) ] forty- five days shall be deemed a finding of no breach of the code . Opinions rendered or deemed rendered shall be binding on the board in any subsequent charges concerning the I officer or employee of the county until said opinion is amended or revoked by the board . ( 3 ) To prescribe a form for the disclosure provided in this section , and to implement the requirements of the disclosure provisions . - 46 - ( 11 / 12 ) ( 4 ) To examine all disclosure statements filed , and to comment on or advise corrective action to any matters that may indicate a conflict of interest . ( 5 ) To propose revisions of the code to assure its effectiveness . E . In the course of its investigations , the board shall have the power to administer oaths and subpoena witnesses , and to compel the production of books and papers pertinent thereto . F . All hearings on complaints shall be closed to the public . Only findings of violations shall be referred to the council or the civil service commission . Upon referral to the council or civil service commission , the violations shall be treated as any other similar item of council or civil service commission business . G . If any officer or employee , or former officer or employee , shall obtain an advisory opinion from the board and shall govern [ himself ] him or herself ' [ i351 accordingly , or shall act in accordance with the opinions of the board , [ ire ] such person shall not be held guilty of violating any of the provisions of the code . H . Cooperations . The council and mayor shall cooperate and provide financing and personnel help required by the = n board in the performance of its duties . ARTICLE XXI SPECIAL ASSESSMENT 2WROVENENTS Section 21 . 01 . Improvements by Special Assessment . The council shall enact the provisions of [ ° e�tien ] section 146 - 130 to 146 - 171 of the I Revised Laws of Hawaii Hawai ' i 1955 , as amended , with the exception of [ rn ] section 146 - 167 , as a county ordinance . No changes , however , shall be made by the council regarding any matter under the control of the board of water supply without the prior approval of its board . Exemptions from special assessments and reimbursement of costs to the county shall be as provided by law . ARTICLE XXII INITIATIVE AND REFERENDUM Section 22 . 01 . Power of Initiative and Referendum . A . The power of voters to propose ordinances ( except as provided in Section 22 . 02 ) shall be the initiative power . 47 - ( 11 / 12 ) B . The power of the voters to approve or reject ordinances that have been passed by the county council ( except as provided in Section 22 . 02 ) shall be the referendum power . Section 22 . 02 . Limitations to Powers . The initiative power and the referendum power shall not extend to any part or all of the operating budget or capital budget ; any financial matter relating to public works ; any ordinance authorizing or repealing the levy of taxes ; any emergency legislation ; any ordinance making or repealing any appropriation of money or fixing the salaries of county employees or officers ; any ordinance authorizing the appointment of employees ; any ordinance authorizing the issuance of bonds , or any matter covered under collective bargaining contracts . Section 22 . 03 . Submission Requirement . A . Voters seeking to propose an ordinance by initiative shall submit an initiative petition addressed to the council and containing the full text of the proposed ordinance . The initiative petition shall be filed with the clerk of the council at least ninety- six [ +9.6+ ] hours prior to any regular council committee meeting . B . Voters seeking referendum of an ordinance shall submit a referendum petition addressed to the council , identifying the particular ordinance and requesting that it be either repealed or referred to the voters of the county . C . Each initiative or each referendum petition must be signed by registered voters comprising not less than [ twenty peEe^n( 20% ) 20 per cent of the number of voters registered in the last general election . D . If an initiative or referendum measure is to be placed on the ballot in a general election , the initiative and referendum petitions must be submitted not less than one hundred twenty [ "( 120 ) ] calendar days prior to the day scheduled for the general election in the county . Section 22 . 04 . Committee . For each initiative or each referendum petition there shall be a petitioner ' s committee representing all the petitioners , which committee shall be composed of five [ }] members who shall be qualified voters of the county and signers of the petition . The committee shall be responsible for circulation of the petition and for assembling and filing the petition in proper form . The committee shall have the power to amend or withdraw the 48 - ( 11 / 12 ) petition as provided by this article . Section 22 . 05 . Initiative and Referendum Petition : Form and Sufficiency . A . For immediate acceptance of the petition , the clerk of the council shall require reasonable compliance with the following : ( 1 ) The petitions indicate by name and address , the five [ +S+ ] signers who constitute the petitioner ' s committee for that petition . ( 2 ) The petitions indicate the address which all notices for petitioner ' s committee are to be sent . ( 3 ) The signatures to petitions be filed on papers of uniform size and style and assembled as one instrument . ( 4 ) Each signature on the petition shall be followed by the name ( printed ) and the place of residence of the person signing . ( 5 ) The petition be signed by the required number of qualified registered voters of the county . B . Signatures are invalid and petitions insufficient : ( 1 ) If signers are not given an opportunity to read the full text of the ordinance sought to be reconsidered and if the full text of the ordinance is not contained in or attached to each signature paper or set of signature papers of an initiative or referendum petition throughout circulation . ( 2 ) If affidavits ( executed by the circulators for each set of signature papers ) are not attached to the papers at the time of filing of petitions with the clerk of the council . Each affidavit shall attest to the effect that : a particular individual personally circulated an identifiable set of papers ; each paper bears a stated number of signatures ; each signature on a paper was affixed in the circulator ' s presence ; each signature is the genuine signature 19f; CHS361' the person it purports to be . C . Individual signatures may be withdrawn within fifteen [ RZ5 } ] days after the filing of an initiative or referendum petition with the clerk of the council by the filing of a written request thereofj; by the individual , 1[ CHS371'with the clerk or the council . Section 22 . 06 . Procedure After Filing . 49 - ( 11 / 12 ) A . Certificate of Clerk ; Amendment . Within twenty [ ( 20 ) ] days after the filing of an initiative or referendum petition , the clerk of the council shall complete a certificate as to the sufficiency of the petition . As soon as a certificate is completed , the clerk shall notify the petitioner ' s committee of the contents of the certificate . If a petition is certified sufficient , the clerk shall present [ hri-& ] the clerk ' s certificate to the county council at its next meeting . If the clerk certifies a petition insufficient , [ hie ] the clerk ' s certificate shall show the particulars wherein the petition is defective . A majority of the petitioner ' s committee may elect to amend a petition certified insufficient and must so notify the clerk , but if a majority does not elect to amend a petition , the clerk shall present [ his ] the clerk ' s certificate to the county council at its next meeting . B . Supplementary Petition . If a majority, of the petitioner ' s committee elects to amend its petition , then within ten [ ( 10 ) ] days after receipt of the clerk ' s certificate , the committee shall file a supplementary petition upon additional papers . The supplementary petition shall be governed by the same requirements as for an original petition . Within five [ {5-}- ] days after the filing of a supplementary petition , the clerk shall complete a second certificate as to the sufficiency of the original petition as amended by the supplementary petition . Thereafter , the procedural requirements for the petition as amended shall be the same as that for the original petition as provided in subsection A , this section [ cas3e1 . C . Council Review . A majority of the petitioner ' s committee may request the county council to review a clerk ' s certificate , at or before the meeting at which the clerk presents the certificate to the council . The council shall review the latest clerk ' s certificate , upon the committee ' s request , and shall approve or reject the certificate or may substitute its own determination of sufficiency of the petition by resolution . D . Court Review ; New Petition . A final determination as to the sufficiency of a petition shall be subject to court review . A final determination of insufficiency , even if sustained upon court review , shall not prejudice the filing or a new petition for the same purpose . Section 22 . 07 . County Council Action on Petitions . A . The county council shall proceed immediately to consider an 50 - ( 11 / 12 ) initiative or referendum petition which has been determined sufficient in accordance with the provisions of this article . If an initiative petition is concerned , the ordinance it proposes shall at once be introduced subject to the procedures required for ordinances under [ "tee ] article IV of this charter ; however , not more than sixty [ ( 60 ) ] days shall elapse between the time of first reading of the initiative proposal as a bill and completion of action to adopt , amend , or reject the same . If a referendum petition is concerned , the ordinance to which that petition is directed shall be reconsidered by the council ; and not later than thirty [ ( A ) ] days after the date on which the petition was determined sufficient , the council shall , by ordinance , repeal , or , by resolution , sustain the ordinance . B . If the council rejects an initiative amendment proposal or passes it with an amendment unacceptable to a majority of the petitioner ' s committee , or if the council fails to repeal an ordinance reconsidered pursuant to a referendum petition , it shall submit the originally proposed initiative ordinance or refer the reconsidered ordinance concerned to the voters of the county at the next general election . C . The council may , in its discretion , and under appropriate circumstances , provide for a special election . D . The ballot for such measures shall contain an objective summary of the substance of the measure and shall have below the ballot title designated spaces in which to mark a ballot FOR or AGAINST the measure . Copies of initiative or referendum ordinances shall also be made available at the polls . E . Suspension of Ordinance . When a referendum petition or amended petition has been certified as sufficient by the [ may Glerk ] county clerk , the [ (Drdi ane . ] ordinance sought to be repealed in the petition shall not be effective and shall be deemed suspended from the date the petition is certified as sufficient until the voters have voted on the measure and the election results have been certified as provided in this [ A eie . ] article . Section 22 . 08 . Withdrawal of Petitions . An initiative or referendum petition may be withdrawn at any time prior to the sixtieth [ ( 60th ) ] day immediately preceding the day scheduled for a vote in the county by filing with the county clerk a request for withdrawal signed by at least four [ +4+ ] members of the petitioners committee . Upon the filing or the request , the petition shall have no further force or effect and all proceedings thereon shall be terminated . - 51 - ( 11 / 12 ) Section 22 . 09 . Results of Election . If a majority of the voters voting upon a proposed initiative ordinance shall vote in favor of it , the ordinance involved shall be considered adopted upon certification of the election results . If a majority of the voters voting upon a referendum ordinance shall vote against it , the ordinance involved shall be considered repealed upon certification of the election results . Section 22 . 10 . Upon approval by a majority of the votes cast on the proposal , the charter amendment shall take effect upon all legislative acts not excluded herein enacted after January 2 , 19774 Section 22 . 11 . A referendum that nullifies an existing ordinance shall not affect any vested right or any action taken or expenditures made up to the date of the referendum . ARTICLE AXIII GENERAL PROVISIONS Section 23 . 01 . Definitions . A . The term " agency " shall mean any office , department , board , commission , or other governmental unit of the county . B . The term " employee " shall mean any person , except an officer , employed by the county or any department thereof , but the term shall not include any independent contractor . I C . The term " law " shall mean any law of the State of Hawaii Hawai ' i or any ordinance jof [cas391' the county of Kauai or any rule or regulation of any department having the force and effect of law . D . The term " officer " shall include the following : ( 1 ) • Mayor , prosecuting attorney , and members of the council . ( 2 ) Any person excluded from [ Ghapter- ] chapter 76 , HRS and the position classification plan who is appointed as administrative head of any department or agency of the county or as a member of any board or commission . ( 3 ) Deputies appointed by the administrative head of any department or agency of the county who are excluded from [ Ghapter ] chapter 76 , HRS and the position classification plan . - 52 - ( 11 / 12 ) I E . The term " State " shall mean the state of Hawaii Hawaii . Section 23 . 02 . Boards and Commissions . The council may create such other boards and commissions , not provided herein , by ordinance . All boards and commissions , including those which are specifically provided for herein , shall be organized , appointed and vested with the power and authority as provided hereunder which are not in conflict with the provisions of this charter . A . All boards and commissions established by the charter shall consist of seven members . B . All members of boards and commissions shall be appointed and may be removed by the mayor , with the approval of the council , except that members of boards and commissions established by ordinance may be appointed and removed as provided by ordinance . Such ordinance shall provide for either of the following appointing and removal methods : 1 ) Appointment and removal of members by the mayor , with the approval of the council ; or 2 ) Joint appointing powers under which the mayor and the council each appoint an equal number of members , and one additional member is selected by the members previously appointed by the mayor and council . Members appointed by the mayor may be removed by the mayor with the approval of the council . Members appointed by the council may be removed by the council with the approval of the mayor . The one additional member selected by the previously appointed members may be removed by the mayor with the approval of the council . A board or commission member who is absent from three consecutive meetings without prior excuse of the [ ehalrman ] chair shall be expelled from membership . Upon notification of such expulsion by the [ gin ] chair , the applicable appointing authority shall within [4:45 ] fifteen days of the notice , begin the appointment process . C . The members of all boards or commissions shall serve for staggered terms of three years and until their successors are appointed . However , no holdover term shall extend beyond ninety days . All members currently serving shall serve their term as set when they were appointed . All appointments after January 1 , 1977 shall be for three - year terms . Notwithstanding the holdover period or period of any vacancy , the term of any appointment shall be - 53 - ( 11112 ) deemed to have commenced immediately after the normal termination date of [h4-& ] the appointee ' s predecessor . The council may , by ordinance , provide for the staggering of terms provided that no terms of members already appointed shall be changed . D . Each commissioner shall be , at the time of [ h-i-& ] the commissioner ' s appointment , a duly qualified resident elector of the county . E . No more than a bare majority of the members of any board or commission shall belong to the same political party . F . Any vacancy occurring on any board or commission shall be filled for the unexpired term . G . Each board or commission shall elect its [ ehairman ] chair or other officers . The term of office of the [ ehai TMansh-ir r ] chair - - of any board or commission shall be one year and no member of any such board or commission shall succeed himself or herself as [ ehairman ] chair for the term immediately following the expiration of his or her term . [ CHS40 ] H . No member of any board or commission shall be eligible for more than two consecutive terms on the same board or commission or on two different boards or commissions of the county . After the expiration of two consecutive terms , no person shall be eligible for appointment to any county board or commission until one year has elapsed after such service . Any partial term of more than two years shall be considered a term as used herein . I . Employees and officers of the State or county may be eligible to serve on boards or commissions , provided that such service does not result in a conflict of interest or is expressly prohibited by law . J . A majority of all the members to which a board or commission is entitled shall constitute a quorum to do business , and the concurrence of a majority of all the members to which such board or commission is entitled shall be necessary to make any action or such board or commission valid . K . All boards and commissions shall have the power to subpoena witnesses and administer oaths to witnesses as to all matters within the scope of such boards or commissions . L . The members of boards and commissions shall receive no compensation but shall be entitled to be paid for necessary expenses 54 - ( 11 / 12 ) incurred by them in the performance of their duties . M . Except for purposes of inquiry, no board or commission , nor its members , shall interfere in any way with the routine administrative affairs of its department normally administered by the department head . N . Each board or commission shall have power to establish its own rules of procedures necessary for the conduct of its business , except as otherwise provided in this charter . Section 23 . 03 . Title to Property . Except as otherwise provided by law , title to all property acquired by any agency of the county shall be vested in the county . Section 23 . 04 . Facsimile Signatures . Whenever any person is required to sign negotiable instruments or multiple bonds , the signature may be a facsimile . Section 23 . 05 . Expenses . All officers and employees of the county shall be entitled to their traveling or other necessary expenses incurred in the performance or their public duties . Section 23 . 06 . Claims . No action shall be maintained for the recovery of damages for death or injury to person or property by reason of negligence of any officer or employee of the county unless a written statement stating fully when , where , and how the damages occurred , the extent thereof and the amount claimed therefor , has been filed with the county clerk within six months after the date the death , injury , or damages were sustained . Section 23 . ' 07 . Annual Reports . A . Not later than ninety [ f9&+ ] days after the close of the fiscal year , each agency of the county shall make an annual written report of its activities to the mayor in such form and under such rules as the mayor may prescribe . Copies of such reports shall be filed in the office of the county clerk . B . Not later than one hundred eighty [ "( 180 ) ] days after the close of the fiscal year , the mayor shall make an annual report concerning the activities of all agencies of the county . A copy of such report shall be filed in the office of the county clerk . Section 23 . 08 . Records and Meetings Open to Public . A . All books and records of every department shall be open to - 55 - ( 11 / 12 ) the inspection of any person at any time during business hours , except as otherwise provided by law . Certified copies or extracts from such books and records shall be given by the officer having custody of the same to any person demanding the same and paying or tendering a reasonable fee to be fixed by ordinance for such copies or extracts . B . All meetings of boards and commissions shall be held in the county building or other public places and no such body shall take any official action except at a meeting open to the public . Section 23 . 09 . Rules and Regulations . Unless otherwise authorized by law , all rules and regulations having the force and effect of law adopted by any board , commission , or administrative head of a department , must first be approved by the mayor prior to going into effect . Section 23 . 10 . Penalties . Any violation of a charter provision , any ordinance , or duly enacted rule or regulation having the effect of law shall be subject to a fine not exceeding [ $ 1 , 000 . 00 ] $ 1 , 000 or one year ' s imprisonment or both unless the charter , ordinance , rule , or regulation provides for a specific penalty in which case the specific penalty shall control . Prosecution for any violation shall be as provided by law for the prosecution of misdemeanors . Section 23 . 11 . County Elections . County elections shall be conducted in accordance with the election laws of the ;State [ CHS411 insofar as applicable , but the county primary and general elections shall be held in every two years following the initial election . Section 23 . 12 . Oaths of Office . Before entering upon the duties of [ hie ] the office , each officer elected or appointed shall take and subscribe to such oath or affirmation as shall be provided by law . Section 23 . 13 . Impeachment of Officers . Any officer appointed or elected may be impeached for malfeasance , misfeasance , or nonfeasance in office . Such impeachment proceeding shall be I commenced in the Fifth Circuit Court , State of Hawai ' i = . The charge or charges shall be set forth in writing in a verified petition for impeachment signed by not less than [ five—pereent ( 5 % ) . ] 5 per cent of the voters registered in the last general election , except as to charges filed by the ethics [ eeEnmissa: board . If the court sustains the charge or charges , such officer shall be deemed removed from office . The petitioners seeking the impeachment shall bear their own attorneys ' fees and other costs of such proceedings , except proceedings initiated by the ethics [ = =mmissie ] board; [ i421 , the cost of which shall be paid by the county . 56 - ( 11 / 12 ) A . Whenever any officer is sought to be impeached for matters relating to the officer ' s official powers or duties , and the impeachment is not being sought by the ethics effn ss I boar ti431 , such officer may request legal representation by the county or at county expense . ( 1 ) Such request for legal representation shall be accompanied by a signed statement in a form approved by the [ ] county attorney , in which the officer agrees to reimburse the [ may ] county for all expenses incurred in such legal representation , if the officer is impeached . ( 2 ) Determination of expenses shall be made by the [Geunt "_� ] county attorney and approved by the [ ] council , and shall be conclusive . ( 3 ) Any officer being impeached for matters not relating to their official powers or duties shall bear their own attorney ' s fees and costs of such proceedings . B . Legal representation for impeachment relating to an officer ' s official powers or duties , and which is not being sought by the ethics [ eefffniss ± ^ ] board , shall be as follows . ( 1 ) By the [ Geunty Attzerney ' .s ] county attorney ' s office if requested by the officer and agreed to by the [ Geunty Atterney . ] county attorney . ( 2 ) By outside legal counsel selected by the officer . The [ Mayen ] mayor and [ Getineill council shall appropriate reasonable amounts for such legal services . In the alternative , existing funds which have been appropriated for legal services may be used , - provided the [ _ ] council approves of the amount . C . Nothing in this section shall preclude the officer sought to be impeached from recovering attorneys ' fees -as provided by law . If legal representation is provided at county expense , such recovery shall be reimbursed to the county . Section 23 . 14 . Coordination of work . The mayor shall devise a practical and working basis for the cooperation and coordination of work by the various departments , eliminating duplication and overlapping of functions , and shall have the various agencies cooperate with each other in the use of employees , land , buildings , quarters , facilities , and equipment . The head of any department may empower or require an employee of another department , subject to - 57 - ( 11 / 12 ) the consent of the head of such other department , to perform any duty which [ ire ] such department head might require of the employees of his or her department . Whenever in this charter power is vested in a department to inspect , examine , or secure data or information , or to procure assistance from any other department , a duty is hereby imposed upon the department upon which demand is made to render such power effective . Section 23 . 15 . Cooperation With Other Organizations . In the performance of its functions , each department shall cooperate with private organizations and with organizations of the governments of the United States , the State , and any other state , and with any of their political subdivisions having similar functions . Section 23 . 16= Provisions of Charter Inoperative . If any provision of this charter jeopardizes the receipt by the county of any federal grant - in- aid or other federal allotment of money , such provision may , insofar as such fund is jeopardized , be waived by the council upon the recommendation of the mayor . Section 23 . 17 . Titles , Subtitles , Personal Pronouns : Construction . Titles and subtitles shall not be used for purposes of construing this charter . When any personal pronoun appears in this charter , it shall be construed to mean either sex . ARTICLE XXXV CHARTER AMENERENT Section 24 . 01 . Initiation of Amendments . Amendments to this charter may be initiated only in the following manner . A . By resolution of the council adopted after two readings on separate days and passed by a vote of five or more members of the council . B . By petition presented to the council , signed by registered voters comprising not less than [€ive—pe-feent ( 5 % ). ] 5 per cent of the number of voters registered in the last general election , setting forth the proposed amendments . Such petitions shall designate and authorize not less than three �ior, [ cas441 more than five of the signers thereto to approve any alteration or change in the form or language or any restatement of the text of the proposed amendments which may be made by the county attorney . - 58 - ( 11 / 12 ) Upon filing of such petition with the council , the county clerk shall examine it to see whether it contains a sufficient number of valid signatures of registered voters . Section 24 . 02 . Elections to be Called . A . Any resolution of the council or petition of the voters proposing amendments to the charter shall provide that the proposed amendments shall be submitted to the voters of the county at the next general election . B . The county clerk shall have the proposed amendments published in a newspaper of general circulation in the county at least thirty [ -( 30 ) ] days prior to submission of the proposed amendments to the voters of the county at the next general election . C . Should the majority of the voters voting thereon approve the proposed amendments to this charter , the amendments shall become effective at the time fixed in the amendment , or , if no time is fixed therein , thirty [ -( 30 ) 1 days after its adoption by the voters of the county . Any charter amendment shall be published in a newspaper of general circulation in the county within thirty [ ( 30 ) ] days of the effective date of such amendment . Section 24 . 03 . Charter Review . The mayor with. the approval of the council shall appoint , with appropriate staffing , a charter commission composed of seven members who shall serve in accordance with [rn ] section 23 . 020 of this [ rye= ] charter to study and review the operation of the county government under this charter for a period of ten years commencing in 2007 . Thereafter , the mayor with the approval of the council shall appoint a charter commission at ten year intervals . In the event the commission deems changes are necessary or desirable , the commission may propose amendments to the existing charter or draft a new charter which shall be submitted to the county clerk . The county clerk shall provide for the submission of such amendments or new charter to the voters at any general or special election as may be determined by the commission . The commission shall publish not less than thirty [-4&+] days before any election at least once in a newspaper of general circulation within the county the entire text of the amendments or new charter . A . Unless a new charter is submitted to the voters , each amendment to the charter shall be voted on separately . B . If a majority of the voters voting upon a charter amendment 59 - ( 11 / 12 ) votes in favor of it or a new charter , if a new charter is proposed , the amendment or new charter shall become effective at the time fixed in the amendment or charter , or if no time is fixed , thirty [ 9,- ] days after its adoption by the voters . Any charter or amendment shall be published in its entirety not more than thirty [ ( 30 ) ] days after its adoption . ARTICLE XXV SEVERABILITY Section 25 . 01 . Severability . If any provision of this charter is held invalid , the other provisions of this charter shall not be affected thereby . If the application of the charter or any of its provisions to any person or circumstances is held invalid, the -application of the charter and its provisions to other persons or circumstances shall not be affected thereby . ARTICLE "VI TRANSITIONAL PROVISIONS Section 26 . 01 . Schedule . After the approval of this charter by the voters , this charter shall be in effect to the extent necessary in order that the first election of members of the county council and mayor may be conducted in accordance with the applicable election laws of the State . This charter shall take full effect on January 2 , 1969 . Section 26 . 02 . Initial Election Under the Charter . The first county primary and general elections under this charter shall be held in the year 1968 . Section 26 . 03 . Existing Laws and Conflicting Laws . All laws , ordinances , resolutions , rules and regulations in force at the time this charter takes full effect , and not in conflict or inconsistent with this charter , are hereby continued in force until repealed , amended , or superseded by proper authority . All laws relating to or affecting this county or its agencies , officials , or employees , and all county ordinances , resolutions , orders , and regulations which are in force when this charter takes full effect , are repealed to the extent that they are inconsistent with or interfere with the effective operation of this charter or of ordinances or resolutions adopted by the county council . under the provisions of this charter . Section 26 . 04 . Status of Departments and Transfer of Funds . 60 - ( 11 / 12 ) A . All departments , the status of which are not specifically changed or abolished by this charter , are hereby recognized , continued , and established and shall have such powers , duties , and functions as provided by law . Members of the various boards , commissions , and committees holding office at the effective date of this charter shall continue in office unless they resign or until their terms of office shall expire . B . The offices of the county auditor and the county treasurer are abolished and their functions transferred to the department of finance . [ CHS45 ] C . The offices of the elected county clerk and the county attorney are abolished . Section 26 . 05 . Transfer of Records and Property . All records , property , and equipment of any office , division , department , board , or commission , the functions of which are assigned to another agency by this charter , shall be transferred and delivered to the agency to which such functions are so assigned . Section 26 . 06 . Status of Present Employees . All civil service employees and full - time employees whose positions are exempt from civil service presently employed by any department or agency which is merged or abolished under this charter , shall be transferred and continued in employment in accordance with [ ° ems ] sections 138 -. I 44 and 138 - 4.5 , Revised Laws of Hawai 114awai= 1955_ ( CHS461 , as amended , to a comparable position in an agency where such function has been transferred . Section 26 . 07 . Heads of Departments Continued in Office . Notwithstanding any provision to the contrary , all officers and department heads , whether appointed or elected , holding office immediately prior to the time this charter takes effect , shall continue in employment for a period of not more than forty- five [ -(48 ) ] days thereafter , or until they are replaced pursuant to the provisions of this charter , whichever occurs later . Section 26 . 08 . Temporary Budget and Capital Program . During the transitional period , the mayor shall submit and the council shall adopt , with or without amendments , a temporary current expense budget and a capital program based on the revenues anticipated during said period . Until the adoption of such temporary current expense budget and capital program , the then existing budget and capital program shall remain in effect . 61 - ( 11 / 12 ) Section 26 . 09 . Pending Proceedings . All petitions , hearings , and other proceedings pending before any office , department , board , or commission abolished by this charter , and all legal proceedings and investigations begun by such office , department , board , or commission and not completed at the effective date of this charter , shall continue and remain in full force and effect and shall be completed before or by the office , department , board , or commission which succeeds to the powers and functions of such office , department , board , or commission . Section 26 . 10 . Lawful Obligations of the County . All lawful obligations of the county existing on the effective date of this charter and all fines , taxes , penalties , forfeitures , obligations , and ,rights [ casa7 ) due , owing , or accruing to the county , and all writs , prosecutions , actions , and proceedings by or against the county shall remain unaffected by the adoption of this charter . ARTICLE X=X RECALL Section 27 . 01 . Recall Procedure . Any elective officer serving a four - year term as provided for in this charter may be removed from office by the voters of the county . The procedure to effect such removal shall be in accordance with this article . A petition demanding that the question of removing such official be submitted to the voters shall be filed with the county clerk . Such petitions shall be signed by currently registered voters numbering not less than [ twenty eEeent} , 24%+ ] 20 per cent of the voters registered in the last general election . Section 27 . 02 . Petitions . Petition papers shall be procured only from the county clerk , who shall keep a sufficient number of such blank petition papers on file for distribution as herein provided . Prior to the issuance of such petition papers , an affidavit shall be made by one or more voters and filed with the clerk , stating the name and office of the officer sought to be removed . Section 27 . 03 . Signatures . Each signer of a recall petition shall print and sign their name and shall place thereon after the name , social security number , place of residence , and voting precinct . To each such petition paper there shall be attached an affidavit of the circulator thereof , stating the number of signers to such part of the petition and that each signature appended to the paper was made in the circulator ' s presence and is believed to be the genuine signature of the person whose name it purports to be , and that each 62 - ( 11 / 12 ) signer understood it to be a recall petition of a specific elected officer . Section 27 . 04 .. Filing and Certification . All papers comprising a recall petition shall be assembled and filed with the county clerk as one instrument within thirty [ +30+ 1 days after the filing , with the clerk , of the affidavit stating the name and office of the officer sought to be removed . Within ten [ ( 19 ) ] days from the date of the filing of such petition , the clerk shall determine the sufficiency thereof and attach thereto a certificate showing the result of [ h4:-& ] the clerk ' s examination . If the clerk shall certify that the petition is insufficient , [ h-e] the clerk shall set forth in the certificate the particulars in which the petition is defective , and shall return a copy of the certificate to the person designated in such petition to receive it . Section 27 . 05 . Supplemental Petitions . In the event the initial petition contained insufficient signatures , such recall petition may be supported by supplemental signatures of voters signed in the manner required in [ °tn ] section 27 . 03 of this article appended to petitions issued , signed , and filed as required for the original petition at any time within ten [{l-G* ] days after the date of the certificate of insufficiency by the clerk . The clerk shall within five [ +5 } ] days after such supplemental petitions are filed make a like examination of them , and if [fie ] the clerk ' s certificate shall show the same to be still insufficient , [ ire ] the clerk shall return it in the manner described in [ rn] section 27 . 04 of this article to the person designated in such petition to receive the same , and no new petition for the recall of the officer sought to be removed shall be filed within one year thereafter . Section 27 . 06 . Recall Election . If a recall petition or supplemental petition shall be certified by the clerk to be sufficient , [ire ] the clerk shall promptly notify in writing the officer sought to be recalled of such action . If the official whose removal is sought does not resign within five days after mailing of such notice , the clerk shall thereupon order and fix a day for holding a recall election . Any such election shall be held not less than seventy- five [ ] nor more than ninety [ ( 90 ) ] days after the petition has been presented to the official , at the same time as any other special county or state election held within such period , but if no such election is to be held within such period , the clerk shall call a special recall election to be held within the time aforesaid . If less than [ fifty pe=eent ;' &%+ ] 50 per cent of the total number of voters registered in the last general election shall vote at such recall election , the officer sought to be recalled shall not be deemed recalled regardless of the outcome of the election . - 63 - ( 11 / 12 ) Section 27 . 07 . Ballots . The ballots at such recall election shall , with respect to each person whose removal is sought , submit the question : " Shall ( name of person ) be removed from the office of ( name of office ) by recall ? " Immediately following each such question , there shall be printed on the ballots the two propositions in the order set forth : " For the recall of ( name of person ) . " " Against the recall of ( name of person ) . " Immediately to the right of the proposition there shall be designated spaces in which to mark the ballot FOR or AGAINST the recall . A majority vote shall be sufficient to recall such officer , subject to the provisions of [ rn ] section 27 . 06 of this article . Section 27 . 08 . Succeeding Officer . The incumbent , if not recalled in such election , shall continue in office for the remainder of [ h4-& ] the incumbent ' s unexpired term subject to the recall as before , except as provided in this charter . If recalled in the recall election , [ ire ] the incumbent shall be deemed removed from office upon the clerk ' s certification of the results of that election , and the office shall be filled as provided by this charter for the filing of vacancies of elected officials . The successor of any person so removed shall hold office during the unexpired term of [ hispredeeeseer . ] the person removed . Section 27 . 09 . Immunity to Recall . The question of the removal of any officer shall not be submitted to the voters until such person has served six [ 4-64- ] months of the term during which [ die ] such person is sought to be recalled , nor , in case of an officer retained in a recall election , until one year after that election . ARTICLE XXVIII COST CONTROL COMMISSION Section 28 . 01 . There shall be a [ Geianty Gest Geetre l Ge ien ] county cost control commission composed of seven members not employed in government service . Section 28 . 02 . Goal . The goal of the commission is to reduce the cost of county government while maintaining a reasonable level of public services . Section 28 . 03 . Repealed ( 2006 ) [ cas4e ] Section 28 . 04 . The commission shall review personnel costs , real property taxes , travel budgets , contract procedures ; review with the aim of eliminating programs and services available or more efficiently supplied by other governments or organizations ; - 64 - ( 11 / 12 ) eliminate or consolidate overlapping or duplicate programs and services ; scrutinize for reduction any county operation . Section 28 . 05 . Reports . The commission shall prepare and advertise a written annual report summarizing its recommendations prior to the end of each calendar year . Thereafter , the commission may request that any of its recommendations be drafted in ordinance form for its introduction through the mayor . The mayor shall , with mayor ' s comments thereon and within thirty [ ( 30 ) ] working days of receipt , submit to the council for its immediate consideration all ordinances proposed by the commission . ISection 28 . 06_ Rules and Regulations . The commission shall adopt rules and regulations relating to the operation and management of the commission in order that the commission can accomplish its goals and objectives . Section 28 . 07 . Appropriation . The mayor and council shall provide an annual appropriation sufficient to enable the commission to secure clerical help and pay other operational costs . The commission shall be provided with the latest mayor ' s annual report and the council ' s latest audit report . The commission is empowered to secure from any department , agency , official or employee , any report or information the commission requests that is appropriate to its function . All such requests shall be made through the office of the mayor or the [man ] chair of the council for information within their respective jurisdictions . ARTICLE XXIX SALARY CCNWSSION Section 29 . 01 . Organization . There shall be a [ Salary '' mffiis _ _ cn ] v� salary commission composed of seven members to establish the maximum salaries of all elected and appointed officers as defined in [ ° en ] section 23 . 01 D of this [ rharter— ] charter . Section 29 . 02 . Policies . The commission shall adopt and , when it deems necessary , may change the policies governing its salary- setting decisions . Section 29 . 03 . Resolution . The commission ' s salary findings shall be adopted by resolution of the commission and forwarded to the mayor and the council on or before March 15 of any calendar year . The resolution shall take effect without the mayor ' s and council ' s concurrence sixty days after its adoption by the commission unless rejected by a vote of not less than five members of the council . The council may reject either the entire resolution or any portion 65 - ( 11 / 12 ) of it . The respective appointing authority may set the salary of an appointee at a figure lower than the maximum figure established by the salary commission for the position, [ . ] ; provided that [ cas99 ) elected officers may voluntarily accept a salary lower than the maximum figure established by the salary commission for their position , or forego accepting a salary . Section 29 . 04 _ Rules . The commission shall establish its rules of procedures and adopt rules and regulations pursuant to law . Section 29 . 05 _ Changes in Salary . No change in salary of councilmembers shall be effective during the term in which a change is enacted or for twenty- four months after a change is enacted , whichever is less . I Section 29 . 06 _ Administration and Operation . The mayor and council shall provide an annual appropriation sufficient to enable the commission to secure clerical or technical assistance and pay other operational costs in the performance of its duties . ARTICLE = ELECTRIC POWER AUTHORITY I Section 30 . 01 .- Electric Power Authority . The [ Geunei_ ] council may establish by ordinance an electric power authority corporation for the county , which shall be a body corporate and shall be responsible for the planning , development , production , purchase , transmission , and distribution of all electricity- related services by the county . If established by ordinance , all provisions of this [ Ar4z- 1ele ] ;article XXX" [cxs5oi shall be included in the ordinance and no ordinances shall be enacted and no administrative rules shall be adopted which either expressly or by implication conflict with the provisions of this [ Etiele . ] article . sections 30 . 02 through 30 . 06 of this [ Arctiele ] article XXX shall be effective thirty [ ( 30 ) calendar days from and after the enactment of an ordinance establishing an electric power authority for the County of Kauai . If established by ordinance , the authority shall operate as a separate unit of county government , except as otherwise provided in this charter . The authority shall be free from the jurisdiction , direction , and control of other county officers and of the council . - 66 - ( 11 / 12 ) Notwithstanding any provision in the [ Ghartez ] charter to the contrary , the council may by ordinance enact any further provisions it deems necessary to implement this [ "tee] article XXX including , but not limited to , provisions concerning the power authority ' s powers , duties , and liabilities , its organization and governing structure , the manner in which officers and employees are elected , appointed , or employed , and the manner in which rates are set and the authority ' s revenues are utilized . Section 30 . 02 . Board of Directors of the Electric Power Authority . There shall be a board of directors of the electric power authority, which shall have exclusive jurisdiction , control , and policy-making responsibility over the authority and all of its operations and facilities . The board shall have and may exercise all rights , powers , duties , privileges , and immunities possessed by the county , which are or may be secured by law including , but not limited to , all powers and duties possessed by the county to construct , acquire , expand , and operate the utility , and to do any and all acts or things that are necessary , convenient , or desirable in order to operate , maintain , enlarge , extend , preserve , and promote an orderly , economic and business - like administration of the utility . The board shall adopt articles of incorporation and by- laws I consistent with all provisions of this [ "tee ] article- XX . Such articles and by- laws may be amended from time to time by the board ; however , any such amendments shall be consistent with all provisions of this [ "tee ] article-XX . Such articles and by- laws shall also include provisions as are customary to set forth both the corporation ' s purpose and nature and the procedural matters necessary for its governance . The board shall operate as a separate unit of county government , except as otherwise provided in this charter . Both the board and the authority shall be free from the jurisdiction , direction , and control of other county officers and of the council . The board may sue or be sued in its own name . All liability for damage claims arising from the operations of the board and the authority shall be the responsibility of and be liquidated by the board from the appropriate funds of the authority . 67 - ( 11 / 12 ) Section 30 . 03 . Organization of the Board . A . Number of directors . The board shall consist of seven directors , one of whom shall be the chief executive officer of the authority , and six of whom shall be elected- at - large . All seven directors shall be voting members of the board . Charter [ See . ] I section 7 . 05K shall not apply to this [ Article ] article XXX . I B . Election and !tT-enure of -Bdirectors' [cxssi ) . 1 . Directors elected at - large . Directors elected at - large shall be elected at the next regularly scheduled general election after the enactment of the ordinance creating the authority . 2 . Subject to the provision in paragraph D of this section that the terms of the first directors who have no licensing or education and experience qualification requirements shall be two years , all directors shall serve terms of four years , unless they die , resign , or are removed from office pursuant to paragraph D of this section . The terms of all elected directors shall begin at twelve o ' clock meridian on the first working day of December following their election . 3 . Term limits of directors . No elected director shall serve as director for more than two consecutive full terms . C . Vacancies . Vacancies shall be filled by the board for the unexpired term . No vacancy on the board shall impair the right of the remaining directors to exercise all the powers of the board . D . Qualifications . All persons seeking positions as elected directors shall , upon filing for their candidacies , be citizens of the United States and registered voters in the [ Gee : ] county . In addition , three of the six elected directors shall possess the following additional qualifications upon filing for their candidacies . Three of the six elected directors must either : ( 1 ) Have been licensed by any state in the United States for a minimum of five years in engineering , accountancy , or law ; or ( 2 ) Have an undergraduate or graduate degree in business management or business administration from a - 68 - ( 11 / 12 ) university or college within the United States accredited by the Middle States Association of Colleges and Schools , North Central Association of Colleges and Schools , New England Association of Schools and Colleges , Northwest Association of Schools and Colleges , Southern Association of Colleges and Schools , or the Western Association of Schools and Colleges and have worked in the field of business management or business administration for a minimum of five years . All persons seeking positions as elected directors shall specify in their nomination papers whether they are seeking to be elected for one of the three director positions which have licensing or education and experience qualification requirements , or the director position which has no such qualification requirements . All persons seeking director positions which have licensing or education and experience qualification requirements shall execute an affidavit stating that [ ire—er she ] the applicant has satisfied the qualification requirements for those positions . The person shall swear to the truth of the allegations by self - subscribing oath in the affidavit . The county clerk shall prescribe the form of the affidavit . If the clerk so desires or believes it to be expedient , the clerk may demand that the person furnish substantiating evidence to the allegations in the person ' s affidavit . If the clerk determines that any person has not satisfied the licensing or education and experience requirements of this paragraph D , the person shall be deemed unqualified for the position sought . With respect to any director elected to fill a position having licensing or education and experience requirements , the following rule shall apply . If , at any time , it is learned that any such director has not satisfied these requirements , the board shall immediately remove the director from office . Any vacancies arising from such a removal shall be filled by the board for the unexpired term ; (provided that [ CHS521 all persons appointed by the board as a result of such a removal shall satisfy , at the time of their appointment , the qualification requirements for such elected directors . For the director positions which have no licensing or education and experience qualification requirements , the three candidates receiving the highest number of votes shall be elected to those three positions . The terms of the first directors who have no licensing or education and experience qualification requirements shall be two years . 69 - ( 11 / 12 ) For the three director positions which have licensing or education and experience qualification requirements , the three candidates receiving the highest number of votes shall be elected to those three positions . The qualification requirements of this paragraph D shall not apply to the chief executive officer of the authority . No director may hold any county office , be an officer or employee of the county government , or have been an officer or employee of county government within twelve months of the date that . the director ' s term of office is effective . No director may conduct any business whatsoever with the authority . A director convicted of the commission of a felony shall be removed from office when convicted of the felony . E . Officers . The board by majority vote shall elect from among its members a [ ehairman ] chair who shall preside over the meetings of the board , and a [ i " " - . ti ; r,� ., ] vice - chair who shall act for the [ chairman ] chair during absences , and may elect from among its members one or more vice -presidents , a secretary , and a treasurer and assistant secretaries , and treasurers . The board shall prescribe and may amend the duties of all such officers . Election of officers shall be held at the first regular meeting at which all members are present following the- appointment or election of a new director for a full term , but not later than the second meeting following the appointment or election . F . Meetings . The board shall take no action except by the affirmative vote of at least four directors , who shall constitute a quorum . The board shall meet at least once each month at such times as the board may prescribe . Except where meetings closed to the public are permitted under applicable law , all board meetings shall be open to the public . Agendas shall be posted pursuant to applicable law . G . Errors and omissions . The authority shall hold harmless and indemnify its director , chief executive officer , agents , and employees to the full extent permitted by law , including , but not limited to , all liabilities , expenses , and losses incurred by its directors , chief executive officer , agents , and employees in 70 - ( 11 / 12 ) connection with acts of error or omissions , other than willful violations of laws , committed within the scope of their duties , and shall defend , at the authority ' s expense , all related claims and suits . Section 30 . 04 . Organization of the Authority . A . Divisions . The authority shall keep separate funds and accounts as required by the uniform systems of accounts for gas , electricity , water , communications , and other utilities , as promulgated by the Hawaii Public Utilities Commission or the Federal Energy Regulatory Commission , B . Policy . The board shall establish an annual budget and written policies governing utility operations to cover such areas as employees ' duties , customer rates , service rules and termination procedures , expenditures of funds , long - range planning , and other appropriate activities . C. . Chief Executive Officer . The board shall appoint and the authority shall employ a president and chief executive officer of the authority who shall be qualified by training and experience for the overall management of the utility . The chief executive officer shall serve according to the terms of an employment contract to be executed between the officer and the board , and shall have such authority as delegated by the board . The salary of the chief executive officer shall be fixed by the board . The chief executive officer shall , subject to board approval , ( 1 ) determine the number of employees necessary for the operation of the utility , and ( 2 ) fix their duties and compensation . The chief executive officer shall have control of all actual construction and repairs , the immediate management of operation of the utility , and the enforcement and execution of all rules and regulations , programs , plans , and decisions made or adopted by the board . The chief executive officer shall maintain suitable permanent records regarding actions taken . The chief executive officer shall prepare plans and specifications , take bids , and let contracts , subject to the approval of the board . The chief executive officer shall prepare and submit to the board periodic reports on the utility ' s compliance with local , state , federal laws in the areas of safety , environmental matters , and civil rights . D . Other employees . There shall be such other officers and employees of the authority as may be provided by the board . The officers and employees shall be appointed and removed by the chief 71 - ( 11 / 12 ) executive officer subject to the provisions of applicable local , I state , and federal laws or binding contracts entered into with employees and the authority , or both . E . Surety bonds . The board may require surety bonds for any of the officers and employees of the authority in such amounts as the board deems necessary . The premiums for the bonds shall be paid by the authority in the same manner as any other operating expense . Section 30 . 05 . Powers and Duties of the Board . A . Real estate and contracts . The board , in the efficient and economical operation of the authority , may , as state law permits : ( 1 ) sell its products and services to the public and private corporations and to other consumers ; ( 2 ) construct and operate plants and operate distribution system , transmission lines , and other facilities ; ( 3 ) purchase real estate and franchises ; and ( 4 ) enter into all contracts , leases , and agreements in furtherance thereof . B . Joint operations with others . The board may enter into contracts and agreements with any public or private corporation or any individual , both inside and outside the boundaries of the county and ,state [ cxsss ] : ( 1 ) for the joint use of property belonging either to the authority or to the other contracting party or jointly to both parties ; and ( 2 ) for the joint acquisition of real and personal property , rights and franchises , and the joint financing , construction , and operation of plants , buildings , transmission lines , and other facilities . C . Eminent domain . The board may enter upon any land or water for the purpose of making surveys and may exercise the right of eminent domain in like manner as the county , and to the same extent as the county , when the board determines that public necessity or convenience requires such action . D . Use of thoroughfares for utility installations . The board may use the ground over , under , or along any road , railway , highway , street , sidewalk , thoroughfare , alley , or waterway in the operations of the authority , but shall in all cases and subject to the applicable general regulations of the county and ;state, [ cxs541 cause the surface of the public way to be restored to its usual condition . E . Rates . The board shall fix rates and other charges to be assessed against each customer class for electrical services 72 - ( 11 / 12 ) rendered by the authority . Rates and other charges for each customer class shall be based on the cost of the service provided and be just , reasonable , compensatory , and without undue preference or discrimination . The board may require reasonable deposits as security for the payment of charges for utility services and may provide for the return of the deposits when satisfactory consumer credit has been established . F . Authorization for expenditures . No money shall be drawn from the funds of the authority nor shall any obligation for the expenditure of money be incurred except in conformity with authorization by the board . No claim against the authority shall be paid unless evidenced by a voucher approved by the chief executive officer or by some other employee to be designated by the chief executive officer . G . Use of utility funds . All utility revenues shall be directed to the provision of utility services and not applied to the general fund of the county , unless the transfer of revenues constitutes a payment in lieu of taxes . Except for those taxes that are assessed pursuant to county , state , or federal law , no other taxes or fees , or both , shall be assessed against the authority . Nothing in this section G . shall prohibit the authority from entering into such business arrangements or contracts , or both , with the county as the board may deem advisable . H . Bond issues and other indebtedness . Subject to applicable state laws , the board may authorize the issuance and sale of revenue bonds or other types of indebtedness necessary to finance the acquisition , construction , improvement , and extension of the utility facilities owned by the county or authority , including facilities owned or operated jointly with others . Use of general obligation bonds may entail approval by the county council . I . Short - term indebtedness . The board may borrow money for periods not to exceed three years and may issue negotiable notes , payable from the revenues of the authority , as evidence of the indebtedness . The action of the board may be by resolutions that may be adopted at the same meetings at which the resolutions are introduced and shall take effect immediately upon adoption . J . Investment of surplus funds . The board may invest surplus funds of the authority in securities that are deemed safe and as may be authorized by specific action of the board . - 73 - ( 11 / 12 ) K . Delegation of powers . The [ mod ] board shall retain powers relating to budget approval , rate setting , and long - term indebtedness ; however , it may from time to time delegate in writing other powers to officers or employees responsible to it , as may be necessary . Section 30 . 06 . General Provisions . A . Disposition of Ppower Aauthority_ [ CHS551 . The county council shall have no authority to cease to operate , or to sell , lease , abandon , or in any other way dispose of the electric power authority under this [ AEtiele ] article—X-Xx , without first holding a public hearing during which a certified public accountant shall present a report to the county council concerning the revenue that has been earned by the electric power authority throughout the county ' s ownership , and an analysis of the revenues to be lost by the county through the proposed sale of the electric power authority . There shall be two council votes at least six [ +64- ] calendar months apart to call a referendum election concerning a sale of the authority . The county shall hold a referendum election which must be passed by a majority of the voters , voting at the election , to approve a sale . The referendum election shall be held at the next regularly - scheduled general election . B . Existing obligations . Contracts and obligations relating to the electric power authority which were incurred prior to the effective date of sections 30 . 02 through 30 . 06 shall not be impaired and shall be binding upon the board insofar as they apply to the authority . C . Repeal of prior [ ] county charter provisions and ordinances . All county charter provisions and ordinances and parts of county charter provisions and ordinances inconsistent with any provision of this [ Artiele ] article -- are hereby repealed ; however , all county charter provisions and parts of county charter provisions that are not inconsistent with any provision of this e [ " e ] article — including , but not limited to , [ T itil: ] article XX of the charter , shall apply to this [ AEtlele ] article X . D . Severability of provisions . If any provision of this [ AEtiele ] article— or the application thereof to any person or circumstance is held invalid , the invalidity shall not affect other provisions or applications of the [ Artlele ] article which can be 74 - ( 11 / 12 ) given effect without the invalid provision or application , and to this end the sections , subsections , and parts thereof of [ "we=e] article XXX are severable . " ARTICLE =1 DEPARTMENT OF PARKS AND RECREATION ' Section 31 . 01 . Organization . There shall be a department of parks and recreation consisting of a parks and recreation director and any necessary staff . Section 31 . 02 . Director . The parks and recreation director shall be appointed and may be removed by the mayor . The director shall have had a minimum of five years of experience in a responsible administrative capacity , either in public service or private business or . both , and shall be the administrative head of the department . I Section 31 . 03 . Powers , Duties , and Functions . Except as otherwise provided by law , the director of parks and recreation shall : A . Plan , design , construct , operate , and maintain all parks and recreational facilities of the county . . Be Develop and implement programs for the :cultural , recreational , and other leisure - time activities for the people of the county . C . Beautify the public parks and recreational facilities of the county . D . Perform such other duties as may be prescribed by the mayor or by ordinance . ARTICLE XXXII COUNTY AUDITOR Section 32 . 01 , Office Established , County Auditor . A . There is established within the legislative branch an 75 - ( 11 /12 ) office of the county auditor , to be headed by a county auditor who shall be appointed by the county council and shall serve for a period of six years , and thereafter , until a successor is appointed . The salary commission shall fix the salary of the county auditor . The county council , by two -thirds vote of its membership , may remove the county auditor from office at any time for cause . B . The county auditor shall possess adequate professional proficiency for the office , demonstrated by relevant certification , such as certification as a certified internal auditor or certified public accountant , or have an advanced degree in a relevant field with at least five years experience in the field of government auditing , evaluation , or analysis . A certified internal auditor or certified public accountant shall be preferred . The county auditor shall have a bachelor ' s degree in accounting , business administration , or public administration or related field . If financial statement audits are conducted , the county auditor shall be a certified public accountant . C . Except for exercising the right to vote , neither the auditor nor any member of the office of the county auditor shall support , advocate , or aid in the election or defeat of any candidate for county public office . D . The county auditor may appoint the necessary staff for which appropriations have been made by the county council . Subject to the provisions of this charter and applicable rules and regulations adopted thereunder , the county auditor shall have the same powers with respect to the personnel of the office of the county auditor as department heads have over their personnel . Staff shall be appointed by the county auditor in a manner consistent with the merit principles , devoid of any bias or prejudice . Section 32 . 02 . Powers , Duties , and Functions . A . Pursuant to [ County Charter Article III , Section 3 . 17 ] county charter article III , section 3 . 17 , Investigation , the county council is empowered to establish the office of county auditor . It shall be the duty of the auditor to conduct or cause to be conducted : 1 . The independent annual or biennial audit of all county funds and accounts to be conducted by a certified public accountant or firm of certified public accountants as required by [ ° en] section 3 . 12 of the county charter ; 2 . Performance audits of the funds , programs , and 76 - ( 11 / 12 ) operations of any agency or operation of the county as requested by the council by resolution , as authorized by [ ms] section 3 . 12 ; 3 . Performance and financial audits of the funds , programs , and operations of any agency or operation of the county , as determined by the county auditor to be warranted . Before the commencement of each fiscal year , a plan of the audits proposed to be- conducted by the county auditor during the fiscal year shall be transmitted to the county council for review and comment , but not approval . The plan also shall be transmitted to the mayor and filed with the county clerk as public record ; and 4 . Follow-up audits and monitoring of compliance with audit recommendations by audited entities . The county auditor shall - conduct or cause to be conducted all audits in accordance with government auditing standards . V B . Audit findings and recommendations shall be set forth in written reports of the county auditor , a copy of which shall be transmitted to the mayor and to the county council and filed with the county clerk as public record . C . For the purposes of carrying out any audit , the county auditor shall have full , free , and unrestricted access to any county officer or employee and shall be authorized to examine and inspect any record of any agency or operation of the county , to administer oaths and subpoena witnesses and compel the production of records pertinent thereto . If any person subpoenaed as a witness or compelled to produce records shall fail or refuse to respond thereto , the proper court , upon the request of the county auditor , shall have the power to compel obedience to any process of the county auditor and to punish , as a contempt of the court , any refusal to comply therewith without good cause . The county auditor may retain special counsel , in the manner authorized by the county council , to represent the county auditor in implementing these powers . False swearing by any witness shall constitute perjury and shall be referred by the county auditor to the prosecuting attorney for prosecution . In any audit which concerns the alleged gross misconduct or alleged criminal conduct on the part of any individual , such individual shall have the right to be represented by counsel and the right to have the county auditor compel the attendance of witnesses on behalf of the individual . D . The county auditor ' s performance shall be evaluated annually by the county council . The county auditor ' s audit activities shall be subject to quality review in accordance with 77 - ( 11 / 12 ) applicable government auditing standards by a professional , non - partisan , objective group . The written report of the independent review shall be transmitted to the county council and mayor and filed with the county clerk as public record . E . For the purpose of this section and section 3 . 12 : "An agency or operation of the county" includes any administrative agency., semi - autonomous agency , council office , and other establishment of county government supported , in whole or in part , by county or public funds . " Council office " includes the county council itself , the office of a councilmember and the councilmember ' s immediate staff , the office of the county clerk . This definition applies only to those sections . It shall not be construed as excluding the office of the county auditor and the legislative branch . "Record" includes any account , book , paper , and document , and any financial affair , notwithstanding whether any of the preceding is stored on paper or electronically . Section 32 . 03 . Audit Committee . A . The county council may establish an audit committee , the members of which shall individually advise the county auditor on the following : formulation of the plan of audits proposed to be conducted by the county auditor pursuant to [ c ^ tlen ] section 32 . 02 C ; conduct of audits , follow up of audits ; selection of private contractors to perform audits for the county auditor ; evaluation of preliminary audit findings and recommendations and county agency , officer , or employee responses to the preliminary findings and recommendations ; and evaluation of the county auditor ' s performance during each fiscal year . If established , the audit committee shall consist of five members . 1 . One member shall be the chair of the county council committee with jurisdiction over the administrative budget ordinances ; and 2 . The other members shall be appointed by the county council . The county council shall appoint members who are qualified by experience , expertise , and independence to perform the duties of the audit committee . A member appointed by the county council shall not hold any other office or position with the county while on the audit committee . The method of appointment , terms , and specific qualifications of the appointed members shall be established by the county council by ordinance or rule . The county council also may establish by ordinance or rule 78 - ( 11 / 12 ) provisions for the removal of an appointed member for cause . The audit committee shall be within the office of the county auditor . B . Members of the audit committee shall advise the county auditor . All audit committee meetings shall be open to the public except as provided for in [ Ghaptrr ] chapter 92 , Hawaii Revised Statutes . C . The chair of the audit committee shall be appointed by the county council in the manner provided by ordinance or rule . A meeting of audit committee may be called by the committee chair or county auditor . D . Members appointed by the county council shall not be entitled to compensation for serving on the committee . The member from the county council shall not be entitled to compensation for serving on the committee that is additional to the compensation received as a councilmember [ cxss6] . All members , however , shall be entitled to be reimbursed for travel and other necessary expenses incurred by them in the performance of their official duties . E . ;Section 23 . 02 [—. ] , Boards and Commissions , `JCHS571, shall not apply to the members of the audit committee . Section 32 . 04 . Transition Provision concerningjcxssa] the Transfer of Audit Functions to the Office of the County Auditor . A . All lawful obligations and liabilities owed by or to the office of the county clerk relating to financial and performance I audits on June 30 , 2009 , shall remain in effect on July 1 , 2009 . The obligations and liabilities shall be assumed by the office of the county auditor . All contracts held by the office of the county clerk relating to financial and performance audits , which are to remain effective after June 30 , 2009 , shall be assumed by the office of the county auditor . The contracts shall continue in effect until fulfilled or lawfully terminated . All financial and performance audit activities administered by the office of the county clerk on June 30 , 2009 , shall be assumed by the office of the county auditor on July 1 , 2009 . B . On July 1 , 2009 , all records , data , and information held by the office of the county clerk relating to financial and performance audits which have not been completed as of June 30 , I 2009 , shall be transferred to office of the county auditor . C . The legislative auditor ( program analyst V ) and program support tech positions in the office of the county clerk on June - 79 - ( 11 / 12 ) I 30 , 2009 , shall continue with the office of the county auditor on July 1 , 2009 . These employees , if positions were already filled , shall continue service without any loss of vacation allowance , sick leave , service credits , retirement benefits , or other rights and privileges because of the charter amendments . Nothing in this subsection , however , shall be construed as preventing future changes in the employees ' status pursuant to the county auditor ' s powers with respect to personnel in the office of the county auditor . 2004 CHARTER AJWASEENT (Relating to real property taxation) 1 Declared unconstitutional pursuant to article VIII , section 3 of the Hawai ' i Constitution . County of Kauai v . Bryan J . Baptiste , Mayor , County of Kauai , et al . , 115 Hawai ' i 15 , 165 P . 3d 916 ( August 6 , 2007 ) , as corrected August 7 , 2007 , reconsideration denied September 6 , 2007 It is the policy of the County that resident taxpayers should be equitably protected when there are significantly rising real estate values and government costs . Therefore , for County residents who have owned and occupied their place of residence beginning in or before the fiscal year 1998 - 1999 , then for the next fiscal year after the adoption of this section real property taxes with respect to such residence shall not exceed the amount of such tax assessed for the 1998 - 1999 fiscal year . For County residents acquiring their place of residence after the fiscal yearl998 - 1999 their real property taxes with respect to such residence for the next fiscal year after the adoption of this section shall not exceed the amount of tax assessed for the fiscal year the ownership and residence commences . For all such taxpayers in no fiscal year after the year in which the tax was restored to the amount in 1998 1999 or the year of acquisition , whichever is applicable , shall the percentage increase in real property tax with respect to such residence exceed the lesser of the percentage rate applicable at the - 80 - ( 11 / 12 ) commencement of such fiscal. year for the cost of living adjustments in retirement benefits by the Social Security . Administration , or two percent ( 20 ) Promptly following its adoption the County shall notify in writing all owners of residential property in its property tax records of the principal terms of this section . The County shall adopt such ordinances , laws , rules and regulations as are necessary to carry out and are consistent with the purpose of the foregoing policy and the terms of this section . (2004 General Election Charter Amendment Question) a ( 11 / 12 ) . ' I IL Proposing A Charter Amendment to Article XV Relating to Establishing A Department of Human Resources. Findings and Purpose. Charter Amendment. Article XV of the Kauai County Charter is amended to read as follows: "ARTICLE XV DEPARTMENT OF [PERSONNEL SERVICES] HUMAN RESOURCES Section 15.01 , Organization. There shall be a department of [personnel services] human resources consisting of a civil service commission , a director and the necessary staff for the purpose or establishing a system of personnel administration based upon merit principles devoid of any bias or prejudices and [providing a systematic and equitable classification of all positions through adequate job evaluation] -generally accepted methods goveming classification of positions and the employment, conduct, movement, and separation of public officers and employees. Section 15.02. Civil Service Commission Organization . The civil service commission shall consist of seven members who shall be in sympathy with and who shall believe in the principles of the merit system in public employment. Of the members appointed , one shall be selected from among persons employed in private industry in either skilled or unskilled laboring positions as distinguished from executive or professional positions. (Amended 2006) Section 15.03. Powers and Duties. The civil service commission shall: A. Adopt rules and regulations to carry out the civil service and compensation laws of the State and county. Such rules and regulations shall distinguish between matters of policy left for the determination of the commission and matters of technique and administration to be left for execution by the director. B . Hear and determine appeals made by any officer or employee aggrieved by any action of the director or by any appointing authority. Appeal from the decision of the commission shall be as provided by law. CRC 201346 C. Advise the mayor and director of personnel services on problems concerning personnel and classification administration. D. Execute such powers and duties as may be provided by law. Section 15.04. Director of [Personnel Servicesl Human Resources. The director of [personnel services] human resources shall have had a minimum or five years of training and experience in personnel administration either in public service or private business, or both, at least three years of which shall have been in a responsible administrative capacity and shall be in sympathy with the principles of the merit system . He shall be appointed and may be removed by the commission. The director shall be the head of the department of [personnel services] human resources and shall be responsible for the proper conduct of all administrative affairs of the department, and for the execution of the [personnel] human resources management program prescribed in this charter and in the ordinances and regulations authorized by this charter. Section 15.05. [Civil Service and Exemptions. All positions in the county, except those exempted by law, shall be under civil service.] Human Resources Management Program. The director of human resources shall be responsible for the execution of the human resources management program which shall include: A. Classification, recruitment, selection , employment, deployment, promotion, evaluation , discipline, and separation of employees. B. Labor relations and negotiations. C. Administration of employment policies and trainings related to emplovee benefits, conduct, development, and safety and injury prevention . D. Workers' compensation. E. Equal employment opportunities, F. Workforce coordination and planning G . Administration of the civil service system as prescribed by statute. H . Other related duties as may be determined by the Mayor." Note: Charter material to be repealed is bracketed . New charter material is underscored . Proposed Ballot Question : Shall the title of the Department of Personnel Services be changed to Department of Human Resources and its existing scope of responsibilities broadened to include a more comprehensive human resources function? r Amended 1 /27/14 Charter Amendment Proposal Article XXVII Section 27.07 Recall Overview Section 27. 07 of the Charter presently requires recall ballots to designate voting targets (i . e. , spaces for voters to mark their ballot) to be "to the right of the proposition ." This requirement is inconsistent with related sections in Hawaii Revised Statutes (HRS) and Hawai'i Administrative Rules ( HAR) which specify that the placement of voting targets meet requirements of the voting system in use. Specifically, HRS section 11 -115(a)(2) states in part that: "§ 11 - 115 Arrangement of names on the ballot. (a) The names of the candidates shall be placed upon the ballot for their respective offices in alphabetical order except: (2) For the limitations of the voting system in use. and" Emphasis added . Additionally, HAR section 3- 172-71 states: "§3- 172-71 Official ballots. The design and arrangement of the ballot shall meet the requirements of the voting system. The maximum number of candidates or ballot questions for which the voter is legally entitled to vote in any given case shall be clearly indicated . " Emphasis added . The proposed Charter amendment ensures that recall ballot design requirements in the County Charter are aligned with State law. Proposed Charter Amendment ( Ramsever Format) Section 27.07. Ballots. The ballots at such recall election shall , with respect to each person whose removal is sought, submit the question : "Shall (name of person) be removed from the office of (name of office) by recall?" Immediately following each such question , there shall be printed on the ballots the two propositions in the order set forth : "For the recall of (name of person). " "Against the recall of (name of person)." Immediately next to the " [re^„�,t ef the] proposition there shall be designated spaces in which to mark the ballot FOR or AGAINST the recall . A majority vote shall be sufficient to recall such officer, subject to the provisions of Section 27 .06 of this article . (Amended 1984) c Charter Amendment Proposal Article XXVII Section 27.07 Recall Proposed Ballot Question "Shall Charter section 27.07 regarding recall ballots be amended to conform with State law and allow the layout of a recall ballot question to meet voting system requirements?" .r- . . . . _ • _ yi. .. _j Is I FI jr wF - CRC 2014-01 If